WORK PERMIT SERVICE
With regard to the recruitment of foreign workers into vietnam working more and more, the vietnamese law allows enterprises, agencies, organizations and individuals to recruit foreign workers to work in the management, administration and technical requirements of the vietnamese laborers. For foreign workers to lawfully work in vietnam, foreign workers shall have to obtain work permits. Here’ s the thing, luatvn to the customers who need to know about the work permit.
Conditions for grant of work permits to foreigners
- To be 18 years old and have full civil act capacity;
- Having professional qualifications, technical skills, skills and experiences as well as the health of the minister of health;
- It is not a person in the time of execution of a penalty or has not been expunged or is in the time of criminal prosecution under the law of foreign law or vietnamese law;
- A work permit granted by the competent state agency of vietnam, except for the cases specified in article 154 of the labor code 2019.
In addition, foreign workers working in vietnam must comply with the vietnamese labor law and protected by vietnamese law, unless otherwise provided by treaties to which the socialist republic of vietnam is a contracting party.
In addition, the duration of the labor contract for foreign workers working in vietnam must not exceed the duration of the work permit. When using foreign workers working in vietnam, the two parties may agree to enter into multiple labor contracts for definite time.
The foreigner is granted a work permit in vietnam
The granting of foreign work permits shall be applied to foreigners working in vietnam, specifically including
- Labor contract;
- Moving within the business;
- To perform the types of contracts or agreements on economic, trade, finance, banking, insurance, science and technology, culture, sports, education and vocational education;
- Contractual service provider;
- Service sale;
- Working for foreign non – governmental organizations, international organizations in vietnam are allowed to operate under vietnamese law;
- The person responsible for establishing a commercial presence;
- Managers, executives, specialists, technical workers;
- To participate in the implementation of bidding packages and projects in vietnam.
Procedures for granting work permits to foreign workers
On the basis of existing legal grounds Zluat compilation of regulations and procedures for granting work permits to foreigners as follows:
Step 1. enterprises, organizations applying for approval for employment needs of foreigners (article 2, decree 152 / 2020 / nd – cp)
The enterprise shall submit the form no. 01 / ttr of the application for use of the foreign worker using form no. 01 / ttr – appendix 1 (decree 152 / 2020 / nd – cp). Employers shall pay at least 30 days from the date on which they are expected to use foreign workers at the labor and war invalids and social affairs service
According to new regulations in circular no. 23 / 2017 / tt – bldtbxh effective on october 2, 2017, the employer may submit the declaration and report this report through the website http:// dvc. vieclamvietnam. gov. vn, according to the following procedures: follows
- The employer shall register the account at the above – mentioned information portal and submit the dossier with the account already made, within the time limit for at least 20 days before the expected use of foreign labor;
- Within 12 days from the date of receipt of the declaration and report on the application of the valid foreign labor demand, the approval agency shall send the result via email of the employer. If the application is not valid, the approval agency shall issue a notification;
- After obtaining a foreign worker’ s approval, the employer shall submit it directly or via the post office to the approval agency. Within 8 hours the receiving agency receives the original dossier, the approval agency shall return the original result to the employer.
Step 2. submit a dossier of application for a work permit to foreigners working in vietnam:
The company file, the organization to prepare:
- Application form for issuance of work permits using form no. 11 / ttr – appendix 11 (enclosed with the government’ s decree no. 152 / 2020 / nd – cp dated december 30, 2020)
- The written approval of the location of the work using the foreign worker (completed at step 1)
- Certified copy of certificate of business registration or investment registration certificate (01 copy)
The foreign worker dossier needs to prepare or the company prepares to help the laborers:
- Certificates of health in foreign countries or health examination papers in vietnam at hospitals, clinics and departments of health are eligible as prescribed by the ministry of health (within 12 months)
- Judicial record of foreigners at foreign countries or record no. 1 is issued in vietnam (not exceeding 6 months)
- Judicial record cards in foreign countries: judicial record cards or written certification of foreign workers who are not in the time of execution of penalty or have not been expunged or are in charge of criminal prosecution.
- Judicial record cards in vietnam: if laborers have confirmed temporary residence in vietnam and reside in vietnam may apply for judicial record cards at the provincial – level justice department of the locality where foreigners reside in vietnam
- Certification of all foreign passport and visa pages (01 copy)
- 02 portraits, 4×6, white background, no glasses.
- Documents proving that the management and management of the executive, professional and technical specialists, teachers and teachers (in the university, the certification of working experience abroad …..). Specifically
- In case the employee is an expert: there is a university or higher degree, or at least 3 years of experience working in the specialized discipline in which the foreign worker is expected to work in vietnam or have at least 5 years’ experience and have a practice certificate suitable to the job position;
- In case the employee is a manager and chief executive officer: the document certifying that the manager or director is at least 03 years;
- Notes: managers are business managers in accordance with clause 24 article 4 of the law on enterprises or heads, deputy heads of agencies and organizations (in some cases of ministers, divisions of enterprises). The managing director is the head and directly administering the unit attached to the agency, organization or enterprise.
- In case laborers are technical workers: the laborers trained in technical or other specialties for at least 1 year and working for at least 3 years in the specialized discipline or have at least 5 years’ experience in performing the job suitable to the work where the foreign worker is expected to work in vietnam.
- If the foreign worker moves internally in the enterprise, the following documents shall be required:
- The text of the foreign enterprise sent to work at the presence of the foreign enterprise in the vietnamese territory;
- Documents proving that foreign workers have been recruited before working in vietnam at least 12 consecutive months;
- For foreign workers who perform the types of contracts or agreements according to the provisions of the regulations
- In case foreign workers are service providers under contracts: the contract for provision of signed services between vietnamese partners and foreign parties and documents proving foreign workers who have worked for foreign enterprises have no commercial presence in vietnam for at least 2 years;
- In case foreign workers offering services must be written in writing: the documents of the service provider sending foreign workers to vietnam to negotiate the service provision;
- In cases where foreign workers work for foreign non – governmental organizations, international organizations in vietnam shall have documents: documents of agencies and organizations sending foreign workers to work for foreign non – governmental organizations and international organizations in vietnam and international organizations in vietnam as prescribed by law
- In addition, for industries that have special requirements such as soccer players, pilots, the maintenance of airplanes will have the differences, please contact us for answers.
Note: papers issued abroad or granted by foreign diplomatic missions in vietnam must be legalized by consular and public translation of notarization.
Consulting services, carrying out procedures for granting work permits to foreigners of Zluat :
- Consulting on the issuance of judicial record cards to foreigners in vietnam (to be able to carry out the procedures for issuance of judicial record cards to foreigners must be certified in vietnam);
- Consulting dossiers on dossiers of application for work permits for foreigners as prescribed;
- Consulting procedures for medical examination in vietnam to apply for work permits;
- Translation, notarization and consular legalization of documents serving the grant of work permits;
- Consulting on conditions to be granted work permits in vietnam;
- Complete dossiers of application for work permits in vietnam for customers;
- Consulting on cases not subject to work permits and procedures for certification of certification of eligibility for work permit;
- Representatives of enterprises and laborers carrying out procedures for applying for work permits at competent state agencies.
- Consulting and guiding the preparation of dossiers of temporary residence card for foreigners after obtaining./ work permits.
The customer needs to carry out the above procedures, contact Zluat for advice, support. Especially we’re free to receive files and answer the original file.